Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1887-07-14


the am mt furnished.
herewith submit rs part of this report
tho itcn izea sta'eE.ent OF Mr.. A. H. Colby of
all the work, labor and III terial furnished by
| him during two years he acted as superintcn-
dcn Of constructors ana trustee. Ialso sub
NIT the sw rn report of McAlistor and Ack ey
and the letter of June 13 1885, from he gen
eral freight agent of the Chicago, Milwaukee
| IL st Paul railroad.
| All of which is respectfully submitted.
G. N HARRIS,
Public Examiner
THE GOVERNORS FINDINGS.
| In the matter of examination and report OF the
/, examiner relating 20 the management of the
| Dakota hospital for the insane at Yanktoa:
| have careful ly examined the evidence in
| this case, and with a, desire, if possible, TO
| rive at a conclusion that would justify my
| finding that no just cause of complaint cx-
| listed against the trustees l am unable TO
| do 20
The act of 1885, chapter 6s, section S, de-
| finss the duties of the board OF trustees. Sec
ton 10 dofnes the duties of the superintendent
| as follows:
| The superin cndont of the hospital shall, be-
foro entering upon the duties of his Office, give
a bond TO the territory OF Dakota in the penal
fully aud impartially discharge th) duties of
! his Office according t. law and The bylaws
| of saii hospitl, 10 bo approved by said
| board, and take and subscribe All oath faith
4 lully nl tlllSCnty 10 ulSCnalpc Iilc NUlltS
required of him Ey law and thc ly-laws of
| the board o trustees, which bond and oath
| shall bo filed til the Urea uror of tho Ter
rtory; lie shal! ba the Chief executive officer
| OF the hospital, ana have entire conrol of The
medical, moral and dietetic treatment of the
patients; he shall em2loyall employees and as
| sistants necessarily connected with the insti-
tuition below the grade designated as officers
| III sc ;tion Z of this act, and may discharge
| any employc at will and suspend any resilient
/
| responsible to the board Tor tho proper cXer-
else OF t. at duty i'll regard to officers.
Section II defines The duties of steward as
follows:
Tho steward shall keep the accounts, pay
those employed in and about the hospital, and
have personal superintendent of the farm,
g ,rden aud grounds, aud perform snoh othor
dunes as my be assigned him under Tho by
laws of the hospital, under the direction of
the board OF trustees; he shal purchase all
supplies for the hospital wherever the best
grade of articles in suitable quantities. can ba
bought at the lowest price; and, 50 far as
practicable, in large rather than in small
quantities, and shall, il in his Judgment it can
be done to advantage advertise for proposals
for staple supplies, snch as meat, flour, sugar,
coffee, tea, fuel aud othSr staple artlc es, aud
make contracts for the furnishing Of the same
in bulk or in quantity as may bo needed for
use
Section 12 provides:
The steward shall keep an accurate account
of all receipts and expenditures in detail
winch shall be open 10 the inspection of the
superintendent and board o! trustces, and
these accounts shall be carefully. balanced ON
or before the 18th day of each month and
closed blcnnially on the 30th day OF November
next preceding each regular session Of the leg
islature. There shall b. provided and sub
mittea for the inspection OF tho superintendent
ana boarl of trustees, on or before the 10th
day Of each month, nm original duplicate ball
~ y Nl, balance
the balance of appropriations in the Terri
torial treasury to De applied to the mainien-
ance of the patients or TO the general use OF
the hospital, or ON any other source what
ever These balance sheets shall also show
detailed statementof all receipts and disburse
ments during the month, AM to what appro-
priatioa each belongs, together with the name
of each payee and tue price pa d Ihore shall
inal bills of purchase, vouchers for tho
same and receipts of all other disburse-
ments of whatever kind, which bills of
purchase, vouchers and receipts shall
the signatures attached thereto, with the
month and year of payment After this orig
NAL duplicate balance sheet has been
endorsed as correct by the superintendent
and president of the board of trustees the
steward shall within five days thereafter lie
| the original balance sheet in the office of the
| superintendent and tho duplicates thereof,
with the.original bills of purchase, vouchers
and receipts pertaining thereto, he shall file
| in the Office of Territorial auditor, and upon
| the presentation of the monthly balance
| sheet properly { lcd and endorsed as correct
| by the president OF the board of trustees, to-
| gcther with the original bills of purchase,
vouchers and receipts pertaining thereto the
| Territorial auditor shall draw his warrants
upon the Territorial treasurer for the respec-
| tive amounts therein stated from the appro-
priattoes TO which they aro properly charge
| able.
| Section IA provides:
No portion of any special appropriation for
the erection of any building or fot the doing
| OF ally work or for any work, or for any pur-
| pose other than orlina:y expenses SHAH bo
drawn from the Territorial treasury in ad-
| vance of the work done or the material fur
nished, and then only npon proper estimates
thereof, approved by the trustees, and no por
| tion of any appropriation for any purpose
shall be drawn from Inc treasury before it
shnll be required for the pul orsc for which it
ls made, and no appropriation which is or
may be made for ono purpose shall be drawn
or used for any other purpose, and if at any
time hereafter the sum appropriated by tho
Legislative Assembly for any specific purpose
Shall be found insufficient 10 complete aud ac-
comPlish the purpose for which said appio-
priauon is made, then no part of the said sum
30 appropriated shall be expended OF drawn
from tie Territorial treasury, nor shall
any liability on the part of the Territory bo
created on account of said appropriation.
Section ii, chapter %, laws OF 1879, and not
repealed, requires steward to give bond for
the faithful discharge of his duties
The action of the trustees has been in ab-
solute disregard of the law, They arrogated
to themselves the powers and duties of the
superintendent and steward and either dis
charged those duties themselves or employed
or allowed MIR. Colby to discharge them, and
thus preventing the territory from SO curing
the benefit of that security Tor the faithful
performance of his duties that these officials
by law were required TO render and have
given bonds faithfully to perform
The Interpolation in the stewards report
SHOWS the trustees were aware of the fact
that they had prevented the steward from dis
charging the duties the law imposed, This
, action of the board merits the severest crii-
cism for many reasons
After careful examination of the act of 1887,
, am not satisfied have the power 10 remove
The office of trustee being for n fixed period
and the further fact that tho acts complained
! of wero committed by u board Of trustees ap-
\ pointed in 1885, and which went ont of exist
3 ence on The formation OF le.preseut board.
! The evidence taken by tie examiner and his
! report show an expenditure of II large amount
! OF public funds which have not been satisfac
| torily accounted for.
am not satisfied with the explanation re
Z garding the management of tho late board ant
' the attempt made by u majority of the presen
y board, who were members OF the forme
9 board, to continue the manner of ma,.agemen
U justities the executive In expressing HIS dis
l approval of a continuance OF such manage
Q ment Tho past management indicates, to sa
4 the least an utter disregard of sound bus:;s i:
principles and d0fance Of the law.
Q This gross misfeasauce, ii nogroater offens
Q has boon committed, justiies the executive Il
4 taking such steps for tho future as he ma
: deem advisable and inc act of 1887 empowers
!. LOUIS Y, CHURCH,